Sixth Circuit denies qualified immunity to officer who misread '0.02' breathalyzer reading as '0.22'

“I literally had no idea what I was doing," the Fowlerville, Mich. police officer said over the radio to a colleague shortly after the traffic stop

A unanimous panel of the United States Court of Appeals for the Sixth Circuit affirmed a District Judge’s ruling denying qualified immunity to a Fowlerville, Mich. police officer after she improperly administered sobriety tests and misread a '0.02' breathalyzer reading as '0.22' during a traffic stop and subsequent arrest.

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OPINION INFOBOX

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

PANEL:

Jane B. Stranch*

Appointed by President Barack Obama

Julia Gibbons

Appointed by President George W. Bush

Karen Moore

Appointed by President Bill Clinton

*Author of Opinion

Ruling: AFFIRMED 3-0

COURT BELOW:

United States District Court for the Eastern District of Michigan

Judge David M. Lawson

Appointed by President Bill Clinton

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